FCA US LLC v. New York Department of Motor Vehicles
Plaintiff: FCA US LLC
Defendant: New York Department of Motor Vehicles
Case Number: 7:2019cv06651
Filed: July 17, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2019 Opinion or Order Filing 20 ORDER OF DISMISSAL: Upon reviewing the Notice of Dismissal filed by plaintiff FCA US LLC, and pursuant to Federal Rule of Civil Procedure 4l(a)(l)(A)(i), it is hereby ORDERED that this action is dismissed without prejudice. Each party will bear its own attorney's fees and costs. (Signed by Judge Kenneth M. Karas on 8/9/2019) (jca)
August 9, 2019 Filing 19 PROPOSED ORDER. Document filed by FCA US LLC. Related Document Number: #18 . (Ellsworth, Felicia) Proposed Order to be reviewed by Clerk's Office staff.
August 9, 2019 Filing 18 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) New York Department of Motor Vehicles. Document filed by FCA US LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Ellsworth, Felicia)
August 9, 2019 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (km)
August 9, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Felicia Ellsworth. RE-FILE Document No. #17 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): The notice and the order need to be filed as separate entries. (km)
August 8, 2019 Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) FCA US LLC. Document filed by FCA US LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Attachments: #1 Text of Proposed Order)(Ellsworth, Felicia) Modified on 8/9/2019 (km).
July 30, 2019 Opinion or Order Filing 16 ORDER STAYING DEADLINE FOR RESPONSIVE PLEADING OR MOTION: Upon reviewing the Parties' Stipulation and Joint Motion, and for Good Cause shown, the Court hereby ORDERS that the deadline for any responsive pleading or motion from the DMV arising from FCA's complaint and Federal Rule of Civil Procedure 12 is stayed until twenty (20) days following this Court's ruling on the pending motions to dismiss and to remand in Alfredo's Foreign Cars, Inc. d/b/a Larchmont Chrysler Jeep Dodge v. FCA US LLC, No. l9- cv-4026-KMK (S.D.N.Y.), or such other time as FCA and the DMV may mutually agree (subject to the Court's approval). (Signed by Judge Kenneth M. Karas on 7/29/2019) (js)
July 29, 2019 Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by FCA US LLC. (Ellsworth, Felicia)
July 25, 2019 Filing 14 NOTICE OF APPEARANCE by James Brennan Cooney on behalf of New York Department of Motor Vehicles. (Cooney, James)
July 24, 2019 Opinion or Order Filing 13 ORDER FOR ADMISSION PRO HAC VICE granting #12 MOTION for Felicia Ellsworth to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 7/24/2019) (jca)
July 24, 2019 Filing 12 MOTION for Felicia Ellsworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17302942. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by FCA US LLC. (Attachments: #1 Declaration of Felicia Ellsworth, #2 Good Standing Certificate, #3 Text of Proposed Order)(Ellsworth, Felicia)
July 24, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Felicia Ellsworth to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17302942. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 19, 2019 Filing 11 NOTICE of Withdrawal Without Prejudice of FCA's Proposed Order to Show Cause for Temporary Restraining Order and Preliminary Injunction Staying Administrative Proceeding re: #8 Memorandum of Law in Support. Document filed by FCA US LLC. (Attachments: #1 Declaration of Christopher Carrion, #2 Exhibit A, #3 Exhibit B)(Carrion, Christopher)
July 18, 2019 Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York Department of Motor Vehicles served on 7/17/2019, answer due 8/7/2019. Service was accepted by Staff Member of the Managing Attorney's Office of the Office of Attorney General of the State of New York. Document filed by FCA US LLC. (Carrion, Christopher)
July 18, 2019 Filing 9 DECLARATION of Felicia H. Ellsworth in Support re: #6 Order to Show Cause,,,,,,,. Document filed by FCA US LLC. (Attachments: #1 Exhibit A Notice of Filing of Notice of Removal, #2 Exhibit B June 14, 2019 Email from ALJ Zulkoski, #3 Exhibit C June 14, 2019 Email to ALJ Zulkoski, #4 Exhibit D July 7, 2019 Email from ALJ Zulkoski, #5 Exhibit E Notice of Hearing, #6 Exhibit F July 15, 2019 Email to ALJ Zulkoski)(Carrion, Christopher)
July 18, 2019 Filing 8 MEMORANDUM OF LAW in Support re: #6 Order to Show Cause,,,,,,, . Document filed by FCA US LLC. (Carrion, Christopher)
July 18, 2019 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate FCA North America Holdings LLC, Other Affiliate Fiat Chrysler Automobiles N.V., Other Affiliate FCA Holdco B.V. for FCA US LLC. Document filed by FCA US LLC.(Carrion, Christopher)
July 18, 2019 NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (wb)
July 18, 2019 Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (wb)
July 18, 2019 CASE ACCEPTED AS RELATED. Create association to 7:19-cv-04026-KMK. Notice of Assignment to follow. (wb)
July 17, 2019 Opinion or Order Filing 6 FCA'S ORDER TO SHOW CAUSE CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION STAYING ADMINISTRATIVE PROCEEDING: It is hereby ORDERED, that the New York Department of Motor Vehicles show cause before a motion term of this Court, at Room 521, United States Courthouse, 300 Quarropas Street, White Plains, New York 10601, on July 23, 2019, at 11:30 o'clock in the forenoon of that day thereof, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the New York Department of Motor Vehicles from conducting any and all proceedings in the action Alfredo's Foreign Cars, Inc. d/b/a Larchmont Chrysler Jeep Dodge v. FCA US LLC, FMD 2019-01, unless and until the matter Alfredo 's Foreign Cars, Inc d/b/a Larchmont Chrysler Jeep Dodge v. FCA US LLC, No. 7:19-cv-4026-KMK (S.D.N.Y.) is remanded; and it is further ORDERED that Plaintiff shall serve a copy of this order and all documents in support of Plaintiffs motion for preliminary relief on the New York Department of Motor Vehicles by personal service and by e-mail by no later than 5:00 p.m. on July 17, 2019 and it is further ORDERED that the New York Department of Motor Vehicles shall serve all documentsin response to FCA's motion for preliminary relief on Plaintiff's counsel by e-mail by no later than 12:00pm on July 22, 2019, and it is further ORDERED that the New York Department of Motor Vehicles shall withdraw the Notice of Hearing issued on July 9, 2019 in Alfredo's Foreign Cars, Inc. d/b/a Larchmont Chrysler Jeep Dodge v. FCA US LLC, FMD 2019-01. Show Cause Hearing set for 7/23/2019 at 11:30 AM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Unassigned. (Signed by Judge Kenneth M. Karas on 7/17/2019) (jca)
July 17, 2019 Filing 5 ELECTRONIC SUMMONS ISSUED as to New York Department of Motor Vehicles. (dnh)
July 17, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to New York Department of Motor Vehicles, re: #1 Complaint,. Document filed by FCA US LLC. (Carrion, Christopher)
July 17, 2019 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:19-cv-4026-KMK. Document filed by FCA US LLC.(dnh)
July 17, 2019 Filing 2 CIVIL COVER SHEET filed. (dnh)
July 17, 2019 Filing 1 COMPLAINT against New York Department of Motor Vehicles. (Filing Fee $ 400.00, Receipt Number 465407017259)Document filed by FCA US LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(dnh)
July 17, 2019 CASE REFERRED TO Judge Kenneth M. Karas as possibly related to 7:19-cv-04026-KMK. (dnh)
July 17, 2019 Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 7/17/2019. Felicia Ellsworth and Christopher Carrion appeared on behalf of Plaintiff; Defendant did not appear; Russell McRory appeared on behalf of third party Alfredo's Foreign Cars, Inc. Darby Ginsberg served as court reporter. Plaintiff was directed to serve Defendant by close of business today; Defendant has until Monday, July 22, 2019 to respond to Plaintiff's Motion for a preliminary injunction. The Court scheduled a hearing on the Motion for July 23, 2019 at 11:30 a.m. (AY)
July 17, 2019 Case Designated ECF. (dnh)

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Defendant: New York Department of Motor Vehicles
Represented By: James Brennan Cooney
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Plaintiff: FCA US LLC
Represented By: Christopher William Carrion
Represented By: Felicia H. Ellsworth
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